![]() Collective agreements with government ( Douglas/Kwantlen Faculty Association v.Section 15 applies to government action in the form of legislation, regulations, directions, policies, programs, activities and the actions of government agents carried out under lawful authority. 61, at paragraph 417, where McLachlin C.J., concurring with the majority on section 15, noted that discrimination perpetuates or promotes “the view that the individual is less capable or worthy of recognition or value as a human being or as a member of Canadian society, equally deserving of concern, respect, and consideration.” Analysis 1. Law Society of British Columbia, 1 S.C.R. PurposeĪs articulated by the Supreme Court in its first section 15 case and subsequently reaffirmed, “he promotion of equality entails the promotion of a society in which all are secure in the knowledge that they are recognized at law as human beings equally deserving of concern, respect and consideration” ( R. See also the following international, regional and comparative law instruments that are not legally binding on Canada but include Similar provisions: articles 1, 2 and 7 of the Universal Declaration of Human Rights article 24 of the American Convention on Human Rights article 14 of the European Convention for the Protection of Human Rights and Fundamental Freedoms the Fifth and Fourteenth Amendments of the Constitution of the United States of America. The following international instruments, which are binding on Canada, include similar provisions: articles 2 and 26 of the International Covenant on Civil and Political Rights article 2(2) of the International Covenant on Economic, Social and Cultural Rights article 2 of the Convention on the Rights of the Child and article II of the American Declaration of the Rights and Duties of Man International Convention on the Elimination of All Forms of Racial Discrimination Convention on the Elimination of All Forms of Discrimination Against Women article 5 of the Convention on the Rights of Persons with Disabilities. The Charter section 15 framework for analysis described here is not directly applicable to these provisions, although there is often cross-referencing between Charter and human rights law jurisprudence (see generally: British Columbia (Public Service Employee Relations Commission) v. Similar provisionsĮquality rights provisions can be found in article 1(b) of the Canadian Bill of Rights as well as the Canadian Human Rights Act and similar provincial and territorial legislation. (2) Section (1) does not preclude any law, program or activity that has as its object the amelioration of conditions of disadvantaged individuals or groups including those that are disadvantaged because of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. ![]() (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. Congress required former Confederate states to ratify the Fourteenth Amendment as a condition of regaining federal representation.15. ![]() Finally, it granted Congress the power to enforce this amendment, a provision that led to the passage of other landmark legislation in the 20th century, including the Civil Rights Act of 1964, and the Voting Rights Act of 1965. The amendment prohibited former Confederate states from repaying war debts and compensating former slave owners for the emancipation of their enslaved people. It banned those who “engaged in insurrection” against the United States from holding any civil, military, or elected office without the approval of two-thirds of the House and Senate. The amendment authorized the government to punish states that abridged citizens’ right to vote by proportionally reducing their representation in Congress. Passed by the Senate on June 8, 1866, and ratified two years later, on July 9, 1868, the Fourteenth Amendment granted citizenship to all persons "born or naturalized in the United States," including formerly enslaved people, and provided all citizens with “equal protection under the laws,” extending the provisions of the Bill of Rights to the states. ![]()
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